The Federal High Court sitting in Port Harcourt on Wednesday, 6th July 2022 delivered a groundbreaking judgment in a Fundamental Rights Enforcement Suit between one Ayodele Lukman Yusuf vs. the Chief of Air Staff; the Commanding Officer of the Special Operations Group, Nigerian Air Force Base, Port Harcourt; the O.C. Provost (Amuda Toyin) of the Nigerian Air Force Base Port Harcourt and 3 other officers of the Nigerian Air Force.
The suit No. FHC/PH/FHR/37/2020 came up for judgment in the Federal High Court 3, Port Harcourt and presided over by His Lordship, Justice P. M. Ayua.
The Applicant, Ayodele Lukman Yusuf was arrested and detained by the 1st to 5th Respondents who are officers of the Nigerian Air Force, at the instigation of the 6th and 4th respondents for allegedly owing them a debt of N1.7 Million which they advanced to the applicant as loan for a business transaction.
When the Applicant failed to repay the loan due to low business patronage, the 4th and 6 respondents used their connections with the 1st to 5th respondents who are Air Force officers and prompted them to arrest the applicant from the 6th respondent’s house when he went there to plead for more time to pay the loan. He was cuffed and bundle into the truck and whisked away to the Air Force barracks in Port Harcourt where he was detained till the next day.
Addressing the media, the counsel to the applicant, Senior lawyer, Barrister Matthew Adoyi Abakpa said he filed the suit against the officers to enforce the fundamental right of the applicant to his personal liberty and freedom of movement as enshrined in Chapter 4 of the 1999 Constitution of the Federal Republic of Nigeria.
“I also claimed compensation from the respondents for the illegal arrest and detention of the applicant.
The court in delivering a well considered judgment held that the arrest and detention of the application by the respondents who are Officers of the Nigerian Air Force was unlawful, illegal, unconstitutional and constitutes a breach of the applicant’s fundamental right to his personal liberty and freedom of movement.
The court held further that the defence of the 1st respondent (the Chief of Air Staff) that he did not personally arrest or authorized the arrest or detention of the applicant would not exonerate him as the officers who carried out the arrest and detention are his agents. “The principal is vicariously liable for the deeds of his agents”, the court held.
The court awarded the sum of N500,000.00 against the respondents in favour of the Applicant, as compensation for his unlawful arrest and detention.
Commending the decision of the court, Barr. Abakpa said: “The judgment is not only a victory for my client but also a victory for the rule of law. The case was a test of the impartiality of the courts to do justice to all men in irrespective of their status in the society. It is a practical demonstration of the age-long saying that “the court is the last hope of the common man”.
“A legitimate business transaction is devoid of criminal offence and as such the military, police and all security agencies are barred from arresting or detaining citizen for any breach of agreement or contract arising from the transaction. My client was being harassed by the Air Force officers over a mere simple loan which is a legitimate business transaction.
“They threaten to kill him over the matter and my client in grave fear of his life ran to our chambers for legal intervention. We are happy that our intervention has yielded a fruitful result as the court has granted an injunction restraining all the respondents including the Air Force Officers from further threatening, arresting, detaining or in any way interfering with the fundamental rights of our clients going forward. The court held unambiguously that the military or police is not a debt recovery agents.
“The judgment further assures the citizens of this country that they have fundamental rights and that the enforcement of those fundamental rights is possible and practicable,” Barr. Abakpa said.